[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 302 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 302
To amend title 10, United States Code, to direct the Secretary of
Defense to provide colorectal cancer screening for members of the
uniformed services who served in locations associated with toxic
exposure, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2023
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to direct the Secretary of
Defense to provide colorectal cancer screening for members of the
uniformed services who served in locations associated with toxic
exposure, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CPT Rafael Barbosa Enhanced
Colorectal Cancer Screening Standard for Toxic Exposed Members of the
Uniformed Services Act'' or the ``Barbosa Act''.
SEC. 2. REVISION OF THE PRIMARY AND PREVENTIVE HEALTH CARE POLICY OF
THE DEPARTMENT OF DEFENSE TO PROVIDE ENHANCED COLORECTAL
CANCER SCREENING STANDARD FOR MEMBERS OF THE UNIFORMED
SERVICES WHO SERVED IN LOCATIONS ASSOCIATED WITH TOXIC
EXPOSURE.
(a) In General.--Section 1074d of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``subsection
(b)'' and inserting ``subsection (c)''; and
(B) in paragraph (2), by striking ``consider
appropriate.'' and inserting ``determine meet or exceed
national standards for preventive care services,
including screening under subsection (b).'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Enhanced Colorectal Cancer Screening Standard for Members of
the Uniformed Services Exposed to Toxic Substances.--(1) Under the
policy developed under subsection (a)(2), any member of the uniformed
services who, during active service, was deployed in support of a
contingency operation in a location and during a period specified in
paragraph (2), is entitled to a colorectal cancer screening, which may
include a colonoscopy, fecal occult blood testing, sigmoidoscopy, or
other colon cancer screening, by a health care provider of the
Department of Defense beginning on the date that is five years after
the first day of qualifying service for such member and thereafter at a
frequency as recommended by the United States Preventive Services Task
Force.
``(2) The locations and periods specified in this paragraph are the
following:
``(A) Iraq during following periods:
``(i) The period beginning on August 2, 1990, and
ending on February 28, 1991.
``(ii) The period beginning on March 19, 2003, and
ending on such date as the Secretary of Defense
determines burn pits are no longer used in Iraq.
``(B) The Southwest Asia theater of operations, other than
Iraq, during the period beginning on August 2, 1990, and ending
on such date as the Secretary determines burn pits are no
longer used in such location, including the following
locations:
``(i) Kuwait.
``(ii) Saudi Arabia.
``(iii) Oman.
``(iv) Qatar.
``(C) Afghanistan during the period beginning on September
11, 2001, and ending on such date as the Secretary determines
burn pits are no longer used in Afghanistan.
``(D) Djibouti during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Djibouti.
``(E) Syria during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Syria.
``(F) Jordan during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Jordan.
``(G) Egypt during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Egypt.
``(H) Lebanon during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Lebanon.
``(I) Yemen during the period beginning on September 11,
2001, and ending on such date as the Secretary determines burn
pits are no longer used in Yemen.
``(J) Such other locations and corresponding periods as set
forth by the Airborne Hazards and Open Burn Pit Registry
established under section 201 of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
``(K) Such other locations and corresponding periods as the
Secretary may determine appropriate in a report submitted under
paragraph (3).
``(3) Not later than two years after the date of the enactment of
the CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard
for Toxic Exposed Members of the Uniformed Services Act, and not less
frequently than once every two years thereafter, the Secretary of
Defense shall submit to Congress a report specifying other locations
and corresponding periods for purposes of paragraph (2)(K).
``(4) A location under this subsection shall not include any body
of water around or any airspace above such location.
``(5) In this subsection, the term `burn pit' means an area of land
that--
``(A) is used for disposal of solid waste by burning in the
outdoor air; and
``(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.''.
(b) Report on Colorectal Cancer Rates for Members of the Uniformed
Services Deployed to Certain Areas.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report that compares the rates of colorectal cancer among
members of the uniformed services deployed to the locations and
during the periods specified in section 1074d(b) of title 10,
United States Code, as added by subsection (a), as compared to
members of the uniformed services who were not deployed to
those locations during those periods and to the civilian
population.
(2) Uniformed services defined.--In this subsection, the
term ``uniformed services'' has the meaning given that term in
section 101(a)(5) of title 10, United States Code.
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